Welcome to Rappler, a social news network where stories inspire community engagement and digitally fuelled actions for social change. Rappler comes from the root words "rap" (to discuss) + "ripple" (to make waves).

(Congress played a role when amnesty was granted before to Senator Trillanes. That’s why if there are going to be changes in the condition, parameters, or details pertaining to the amnesty, the Palace should consult and get the consent of Congress before implementing any changes in an amnesty grant).

This is also the sentiment of Magdalo Representative Gary Alejano, who had joined Trillanes in staging the 2003 Oakwood mutiny and the 2007 Manila Peninsula siege under ex-president and now Speaker Gloria Macapagal Arroyo. They were later granted amnesty in 2011 under former president Benigno Aquino III.

Alejano himself joined other opposition lawmakers in filing HR 2155, which expresses the “collective sentiment” of the lower chamber “denouncing the baseless, unlawful, and improvident” order of Duterte against Trillanes.

The legislators said Section 19, Article VII of the 1987 Constitution mandates that there should be concurrence by the majority of all members of the House and Senate when a president grants amnesty to an individual.

The Constitution is silent on the revocation of amnesty, but the legislators believe "revocation, if allowable, must also have the concurrence of the Congress."

The resolution remains pending at the committee on rules. Alejano hopes Arroyo and the rest of the House leadership would back HR 2155.

“Well, we will just hope for the best…hoping that the institution of the House of Congress would assert its independence,” said Alejano.

Constitutional duty

According to Akbayan Representative Tom Villarin, HR 2155 also invokes a constitutional mandate that House leaders cannot ignore.

“The House leadership has no other way to interpret it, otherwise it would again be abdicating its constitutional duty akin to its deference to quo warranto over impeachment being the sole process of removing a special class of public officials,” he said.

At the Senate, opposition senators also filed SR 886, directing the appropriate Senate committee to look into the “fraudulent and erroneous” basis of Duterte’s order.

As of posting, SR 886 had yet to be read on the floor and referred to the proper panel.

Senate Minority Leader Franklin Drilon previously said in a television interview that “bottomline” in the Trillanes amnesty controversy is the need to respect the decisions of institutions in the country “[for] the stability of our democracy.”

“An amnesty was granted by the executive and the amnesty was concurred in by Congress. The judiciary approved the grant of the amnesty. The 3 branches of government were on the same track. Don’t tell me that we can just void that,” Drilon told ANC’s Headstart on September 6.

“All acted in unison insofar as this case is concerned. If the proclamation is sustained, that will authorize the review of every application done down to every detail,” he added.

‘This is the way amnesties are done’

For ex-Ateneo School of Government dean Tony La Viña, what Congress should oppose is Duterte’s unilateral decision not to recognize the approval of an amnesty application under a procedure approved by both the House and Senate.

But while the power to grant amnesty lies with the President, the process that it entails is delegated to committees.

A look at past amnesty proclamations shows that at least 6 Philippine presidents delegated – through a signed proclamation – the final approval of individual amnesty applications to a panel or a committee.

Would you like to share your vote?

Welcome to Rappler, a social news network where stories inspire community engagement and digitally fuelled actions for social change. Rappler comes from the root words "rap" (to discuss) + "ripple" (to make waves).